Oregon Statutes

Chapter 100 - Condominiums

• 100.005   Definitions.
  As used in this chapter, unless the context requires otherwise: (1) “Assessment” means any charge imposed or levied by the association of unit owners on...
• 100.010   Short title.
  This chapter may be cited as the Oregon Condominium Act. [Formerly 94.011]
• 100.015   Rules.
  The Real Estate Commissioner may adopt such rules as are necessary for the administration of this chapter. [Formerly 94.333] Note: 100.015 was added to and...
• 100.020   Condominium provisions; restrictions.
  (1) Except as otherwise provided in subsections (2) and (3) of this section, ORS 100.100 to 100.625 apply only to property located within this state...
• 100.025   Rule against perpetuities; inapplicable.
  The rule against perpetuities may not be applied to defeat any provisions of a declaration, supplemental declaration, bylaw or rule for a condominium adopted under...
• 100.100   Property submitted to unit ownership by declaration; executors of declaration; conflict between this chapter and ORS chapter 65.
  (1) In order to submit any property to the provisions of this chapter, the declarant shall record a declaration in the office of the recording...
• 100.102   Leasehold condominium submitted to unit ownership.
  (1) The owner of fee title interest in the real property underlying a leasehold condominium may submit the fee title to the provisions of this...
• 100.103   Effect of submission of leasehold condominium to unit ownership.
  (1) After an amendment submitting the fee title interest underlying a leasehold condominium has been recorded as provided in ORS 100.102: (a) The leasehold or...
• 100.105   Contents of declaration; property name; variable property description.
  (1) A declaration shall contain: (a) A description of the property, including property on which a unit or a limited common element is located, whether...
• 100.110   Approval of declaration, supplemental declaration or amendment required; prerequisites; fee.
  (1) Before a declaration, supplemental declaration or an amendment thereto may be recorded, it must be approved as provided in this section by the county...
• 100.115   Recording declaration and plat; plat contents; supplemental declaration and plat; approval of declaration and plat amendments; fees.
  (1) When a declaration or a supplemental declaration under ORS 100.125 is made and approved as required, it shall, upon the payment of the fees...
• 100.120   Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date.
  (1) To annex additional property to the condominium or to reclassify variable property under ORS 100.125 or 100.150, a supplemental declaration and a supplemental plat...
• 100.122   Declaration prevails over inconsistent provisions of bylaws or articles of incorporation.
  In the event of a conflict between the declaration and the bylaws or between the declaration and any articles of incorporation, the declaration shall prevail...
• 100.123   Authority to amend declaration or bylaws to comply with federal or state law.
  (1) A declarant may amend the declaration or bylaws in order to comply with requirements of the Federal Housing Administration, the United States Department of...
• 100.125   Annexation of additional property; requirements.
  Subject to ORS 100.120 (4), if the declaration complies with ORS 100.105 (2), until the termination date, additional property may be annexed to the condominium...
• 100.130   Relocation of unit boundaries and common elements by amendment to declaration.
  (1) Subject to any limitations contained in the declaration, the boundaries between adjoining units, including any intervening common elements, may be relocated or eliminated by...
• 100.135   Amendments to declaration; requirements; procedure.
  (1) Unless otherwise provided in the declaration, an amendment to the declaration may be proposed by a majority of the board of directors of the...
• 100.140   Temporary relocation of floating structure; security interests upon termination of condominium.
  (1) A floating structure described in ORS 100.020 (3)(b)(D) that constitutes part of a condominium may be temporarily relocated for purposes of safety, renovation, repair...
• 100.150   Declarant’s options until termination date.
  (1) With regard to a flexible condominium, before the termination date, and by recording a supplemental declaration and a supplemental plat in accordance with ORS...
• 100.155   Variable property; uses and restrictions.
  (1) If by the termination date specified in the declaration there is any remaining variable property: (a) Any property designated nonwithdrawable variable property shall become...
• 100.170   Easement held by declarant.
  Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of...
• 100.175   Reserve account for maintaining, repairing and replacing common elements; reserve study; maintenance plan.
  (1) The declarant, on behalf of the association of unit owners, shall: (a) Conduct an initial reserve study as described in subsection (3) of this...
• 100.185   Express warranties; form; exclusion of implied warranties; exemption for consumer products; claims.
  (1) The declarant shall expressly warrant against defects in the plumbing, electrical, mechanical, structural, and all other components of the newly constructed units and common...
• 100.200   Declarant control of association.
  (1) Subject to subsection (2) of this section, the declaration or bylaws may specifically provide for a period of declarant control of the association of...
• 100.205   Transitional committee; notice of meeting for formation.
  A transitional committee shall be established as provided in this section in a single stage condominium consisting of at least 20 units and in a...
• 100.210   Turnover meeting; notice; transfer of control.
  (1) A turnover meeting shall be called by the declarant within 90 days of the expiration of any period of declarant control reserved in the...
• 100.220   Liabilities and obligations arising from transfer of special declarant right; exemptions.
  (1) As used in this section, “affiliate” means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant...
• 100.225   Acquisition of special declarant rights by successor declarant; exceptions.
  (1) Except as otherwise provided in subsections (2) and (3) of this section, a developer, vendor under a land sale contract, mortgagee of a mortgage...
• 100.250   Documents required to be filed with Real Estate Agency; fees.
  (1) The following shall be delivered to the Real Estate Agency for filing on behalf of the association in accordance with ORS 100.260 (5): (a)...
• 100.255   Processing of documents filed with Real Estate Agency; procedures.
  (1) If after review the Real Estate Agency determines that a report or amendment submitted for filing under ORS 100.250 (1) satisfies the requirements of...
• 100.260   Condominium Information and Annual Reports; contents; fees.
  (1) The Condominium Information Report required under ORS 100.250 (1)(a) shall set forth: (a) The name of the association; (b) The name of the condominium...
• 100.265   Annual Report; notification; filing.
  (1) Not less than 30 days before the report date, the Real Estate Agency shall mail the Annual Report form described in ORS 100.260 (2)...
• 100.275   Application of ORS 100.250 to 100.280.
  (1) Subject to ORS 100.550 (3), ORS 100.250 to 100.280, including the filing of a Condominium Information Report described in ORS 100.260 (1), apply to...
• 100.280   Termination of filing Condominium Information Report.
  (1) An association may apply to the Real Estate Agency to terminate a filing under ORS 100.250 (1). The application shall satisfy the requirements of...
• 100.285   Resignation of designated agent; procedures; effective date.
  (1) The designated agent of the association may resign as agent by delivering a signed statement of resignation to the Real Estate Agency together with...
• 100.290   Rules.
  The Real Estate Agency may adopt rules as are necessary or proper for the administration of ORS 100.250 to 100.280. [1989 c.595 §44; 1995 c.31...
• 100.300   Inapplicability of ORS 100.301 to 100.320 to transient lodgings.
  ORS 100.301 to 100.320 do not apply to units rented as transient lodgings at a hotel, motel or inn and do not apply to negotiations,...
• 100.301   Definitions for ORS 100.301 to 100.320.
  As used in ORS 100.301 to 100.320, “dwelling unit” and “tenant” have the meanings given those terms in ORS 90.100. [2007 c.410 §10]
• 100.305   Conversion condominium; notice.
  (1) A declarant of a conversion condominium shall give each of the existing tenants of any building which the declarant intends to submit to the...
• 100.310   Rights of tenants in conversion.
  (1) Prior to the sale of any dwelling unit which is to be retained as a unit in the conversion condominium without substantial alteration in...
• 100.315   Improvements in conversion condominium during notice period.
  (1) The declarant may not begin improvements or rehabilitation or cause improvements or rehabilitation to be undertaken in a conversion condominium unit without the tenant’s...
• 100.320   Authority of city or county to require developer to pay tenant moving expenses.
  A city or county may adopt an ordinance that requires a declarant to pay the moving expense of a tenant vacating a conversion condominium unit....
• 100.405   Association of unit owners; powers; granting of interest in common elements; dispute resolution.
  (1)(a) An association of unit owners shall be organized to serve as a means through which the unit owners may take action with regard to...
• 100.407   Annual and special meetings of association.
  (1) The association of unit owners shall hold at least one meeting of the owners each calendar year. (2)(a) Special meetings of the association may...
• 100.408   Quorum for meeting of association.
  (1) Unless the bylaws provide otherwise, a quorum for any meeting of the association of unit owners consists of the number of persons who are...
• 100.409   Rules of order.
  Unless other rules of order are required by the declaration or bylaws or by a resolution of the association or its board of directors: (1)...
• 100.410   Adoption of bylaws; recording; amendment; approval by commissioner; fee.
  (1) The declarant shall adopt on behalf of the association of unit owners the initial bylaws that govern the administration of the condominium. The bylaws...
• 100.412   Annual budget; distribution of budget summary to owners.
  (1) The board of directors at least annually shall adopt a budget for the association of unit owners. (2) The budget shall include moneys required...
• 100.415   Contents of bylaws.
  (1) The bylaws shall include a reference to the declaration to which the bylaws relate and shall provide for: (a) The organization of the association...
• 100.417   Board of directors of association; powers and duties.
  (1) The board of directors of an association of unit owners may act on behalf of the association except as limited by the declaration or...
• 100.418   Receivership for failure of association to fill vacancies on board of directors.
  (1) Subject to subsection (2) of this section, if an association of unit owners fails to fill vacancies on the board of directors sufficient to...
• 100.419   Assent of director to board action.
  (1) A director of an association of unit owners who is present at a meeting of the board of directors at which action is taken...
• 100.420   Board meetings; executive sessions.
  (1)(a) All meetings of the board of directors of the association of unit owners shall be open to unit owners except that, in the discretion...
• 100.423   Electronic notice to owner or director.
  (1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or this chapter, in the discretion of the...
• 100.425   Use of written ballot for approving or rejecting matters subject to meeting of unit owners; procedures; exceptions.
  (1) Unless prohibited or limited by the declaration, articles of incorporation or bylaws, any action that may be taken at any annual, regular or special...
• 100.427   Methods of voting.
  (1) The voting rights or consent of a unit owner may be cast or given: (a) In person at a meeting of the association of...
• 100.428   Electronic ballot.
  (1) As used in this section, “electronic ballot” means a ballot given by: (a) Electronic mail; (b) Facsimile transmission; (c) Posting on a website; or...
• 100.430   Unit deeds; contents.
  The deed of a unit shall contain: (1) The name of the property, and the recording index numbers and date of recording of the declaration...
• 100.435   Insurance for individual units and common elements.
  (1) If the bylaws provide that the association of unit owners has the sole authority to decide whether to repair or reconstruct a unit that...
• 100.440   Liens against property; removal from lien; effect of part payment.
  (1) Subsequent to recording a declaration and while the property remains subject to this chapter, no lien shall arise or be effective against the property....
• 100.445   Independent default clauses; option to purchase fee simple interest.
  Where a leasehold interest is submitted to the provisions of this chapter, the master lease shall: (1) Contain independent default clauses, the effect of which...
• 100.450   Association lien against individual unit; recording notice of claim; foreclosure; priority of lien.
  (1) Whenever an association of unit owners levies any assessment against a unit, the association of unit owners shall have a lien upon the individual...
• 100.460   Foreclosure against unit; receiver for unit; power of board of directors to bid at foreclosure sale.
  In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit, if so provided in...
• 100.465   Circumstances in which deed in lieu of foreclosure extinguishes lien.
  Unless the declarations or bylaws otherwise provide, a deed in lieu of foreclosure accepted by the holder of a first mortgage or the beneficiary of...
• 100.470   Lien foreclosure; other legal action by declarant, association or owner; attorney fees.
  In any suit or action brought by an association of unit owners to foreclose its lien or to collect delinquent assessments or in any suit...
• 100.475   Personal liability for assessment; joint liability of grantor and grantee following conveyance; limitation.
  (1) A unit owner shall be personally liable for all assessments imposed on the unit owner or assessed against the unit by the association of...
• 100.480   Maintaining documents and records; annual financial statement; review of financial statement by certified public accountant; availability of documents and records for examination.
  (1) An association of unit owners shall retain within this state the documents, information and records delivered to the association under ORS 100.210 and all...
• 100.485   Duration and termination of initial management agreements and service and employment contracts; applicability of federal condominium law.
  (1) If entered into prior to the turnover meeting of the condominium, no management agreement, service contract or employment contract that is directly made by...
• 100.490   Notice to unit owners of intent of association to commence judicial or administrative proceedings; contents of notice; right of unit owner to opt out.
  (1) At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS 100.405 (4)(e)(E), the association of unit owners...
• 100.505   Status and ownership of units.
  (1) While the property is submitted to the provisions of this chapter, a unit may be individually conveyed and encumbered and may be the subject...
• 100.510   Units and common elements distinguished.
  (1) Unless otherwise provided in the declaration, the walls, floors and ceilings are the boundaries of a unit. (2) All lath, furring, wallboard, plaster-board, plaster,...
• 100.515   Interest of units in common elements.
  (1) Each unit shall be entitled to an undivided interest in the common elements in the allocation expressed in the declaration. Such allocation shall be...
• 100.520   Easement held by units and common elements.
  (1) Except as otherwise provided in the declaration, each unit shall have an easement through each other unit and through the common elements for utility,...
• 100.525   Voting or consenting.
  (1) Unless otherwise provided in the declaration, each unit of a condominium shall be entitled to one vote. (2) Unless otherwise provided in the declaration...
• 100.530   Allocation of common profits and expenses; liability of unit owner; limitation on assessments against declarant; deferral of assessments by declarant.
  (1) Unless otherwise provided in the declaration, the common profits of the property shall be distributed among, and the common expenses shall be charged to,...
• 100.535   Maintenance and improvement of units.
  (1) Subject to subsections (5) and (6) of this section and any additional limitations contained in the declaration or bylaws, a unit owner: (a) May...
• 100.540   Use and maintenance of common elements; access for maintenance.
  (1) Each unit owner may use the common elements in accordance with the purposes for which they are intended, but may not hinder or encroach...
• 100.545   Compliance with bylaws and other restrictions.
  Each unit owner and the declarant shall comply with the bylaws and with the administrative rules and regulations adopted pursuant thereto, and with the covenants,...
• 100.550   Service of process.
  (1) Service of process in any action relating to the condominium may be made on: (a) If the condominium was submitted to the provisions of...
• 100.555   Taxation of units; exemptions; uniform appraisal and assessment; rules.
  (1)(a) Each unit with its allocation of undivided interest in the common elements shall be considered a parcel of real property, whether fee simple, leasehold,...
• 100.600   Termination of association or removal of real property by unit owners; consent of lienholders; recordation; amended plat requirements.
  (1)(a) Subject to ORS 100.605, the condominium may be terminated if all of the unit owners remove the property from the provisions of this chapter...
• 100.605   Removal of property from association; repair or removal of property that is damaged or destroyed.
  (1) If 90 percent of the unit owners agree that the property is obsolete and shall be sold, the property shall be considered removed from...
• 100.610   Common ownership of property removed from unit ownership; valuation; liens.
  (1) If the property is removed from the provisions of this chapter, as provided by ORS 100.600 (1) and 100.605, the property shall be considered...
• 100.615   Action for partition; division of sale proceeds.
  If the property is removed from the provisions of this chapter, as provided in ORS 100.600 and 100.605, it shall be subject to an action...
• 100.620   Termination or removal no bar to resubmission.
  The termination of the condominium or the removal of a portion of the property from the condominium shall in no way bar its resubmission. [Formerly...
• 100.625   Procedure for dividing or converting units.
  (1) Subject to the provisions of the declaration and any applicable law, and upon compliance with this section: (a) A unit designated in the declaration...
• 100.635   Filing with commissioner; fee.
  Except as provided by ORS 100.660 and 100.665, prior to negotiating within this state for the sale of a condominium unit located in another state,...
• 100.640   Filing; required documents and information.
  The following documents and information shall be submitted to the Real Estate Commissioner as part of the filing required under ORS 100.635: (1) A copy...
• 100.645   Filing information to be kept current.
  (1) The information required by ORS 100.635 shall be kept current by the developer. Any material change in the information furnished to the Real Estate...
• 100.650   Service of process on nonresident developer; consent for service on commissioner; contents of consent; records of service on commissioner.
  (1) Every nonresident developer, at the time of filing the information required by ORS 100.635, shall also file with the Real Estate Commissioner an irrevocable...
• 100.655   Disclosure statement; contents; disclosure statement from other state; declarant liability limited.
  (1) The disclosure statement submitted to the Real Estate Commissioner as part of a filing under ORS 100.635 shall contain the following information: (a) The...
• 100.660   Nonresidential condominium or security filing; contents.
  A developer of a condominium located in this state, that consists exclusively of units to be used for nonresidential purposes or that consists of units...
• 100.665   Exemption to certain disclosure and notice requirements.
  A vendor under a land sale contract, a mortgagee of a mortgage or a beneficiary of a trust deed who becomes a developer by reason...
• 100.670   Fees; hourly rate; deposit.
  (1) A developer or other person required to file materials or information with the Real Estate Commissioner under ORS 100.005 to 100.910 shall pay to...
• 100.675   Inventory; review; approval; timelines.
  (1)(a) Upon receipt of an informational filing, submitted as required under ORS 100.005 to 100.910 and the prescribed filing fee, within five working days after...
• 100.680   Escrow; sales agreement; requirements.
  (1) Unless the developer of a condominium has complied with subsections (2) and (3) of this section, the developer and a purchaser may not enter...
• 100.700   Inspection of condominium; report in disclosure statement.
  The Real Estate Commissioner may make an on-site inspection of any condominium and require a report of the commissioner’s findings from such inspection to be...
• 100.705   Sale prohibited prior to issuance of disclosure statement; exception; distribution; use of disclosure statement.
  (1) Except as provided in ORS 100.665, no developer or agent of a developer shall enter into a unit sales agreement prior to the issuance...
• 100.710   Inspection deposit.
  When an on-site inspection under ORS 100.700 is to be made of a condominium situated in the State of Oregon, or situated outside the state...
• 100.720   Conditions prerequisite to sale.
  (1) No condominium unit shall be sold by a developer by means of a land sale contract unless a collection escrow is established within this...
• 100.725   Documents prerequisite to execution of sale agreement and conveyance of unit.
  (1) Before the unit sales agreement is fully executed by all parties, the developer shall deliver to the purchaser a copy of the declaration and...
• 100.730   Cancellation of sale of unit; notice to seller; return of payments and reconveyance; extinguishment of encumbrances; waiver prohibited; disclaimer of notice; applicability.
  (1) A purchaser of a condominium unit may cancel for any reason the sale of a condominium unit from a developer or any contract, agreement...
• 100.735   Waiver of right to cancel.
  (1) A purchaser may waive the right to cancellation granted under ORS 100.730 (1) after the unit sales agreement is fully executed by all parties....
• 100.740   Notice to purchaser of cancellation rights; form.
  (1) Subject to ORS 100.730 (8), a unit sales agreement shall contain, either upon the first page or upon a separate sheet attached to such...
• 100.745   Escrow documents required of successor to vendor’s interest.
  (1) A purchaser of a vendor’s interest or a holder of an encumbrance secured by a vendor’s interest in an installment contract of sale for...
• 100.750   Inspection of records.
  Records of the sale of any condominium unit shall be subject to inspection by the Real Estate Commissioner and shall be made available to the...
• 100.770   Fraud and deceit prohibited.
  No developer or agent of a developer shall, in connection with the sale of a condominium unit, directly or indirectly: (1) Employ any device, scheme...
• 100.775   False or misleading advertising prohibited; liability.
  It shall be unlawful for any developer or agent of a developer, who with intent, directly or indirectly, to sell a condominium unit, to authorize,...
• 100.780   Waiver of legal rights void.
  Any condition, stipulation or provision in any sales contract or lease, or in any other legal document, binding any purchaser or lessee to waive any...
• 100.785   Blanket encumbrance prohibited.
  (1) Subject to the provisions of ORS 100.720, a condominium unit may not be conveyed by a developer subject to a blanket encumbrance. (2) Notwithstanding...
• 100.900   Civil penalty.
  (1) In addition to any other penalties provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of...
• 100.905   Cease and desist order; injunction.
  (1) Whenever the Real Estate Commissioner finds that any developer or other person is violating any of the provisions of ORS 100.015, 100.635 to 100.730...
• 100.910   Use of fees.
  The moneys received under this chapter shall be paid into the State Treasury and placed to the credit of the General Fund in the Oregon...
• 100.990   Criminal penalties.
  Subject to ORS 153.022, any person who violates any of the provisions of ORS 100.015, 100.635 to 100.730 and 100.740 to 100.780 or any rules...